Wrongful Death
Wrongful Death Lawyer Long Island
Helping Long Island Families Pursue Justice After Losing a Loved One Due to Someone Else’s Negligence
No lawsuit can replace a loved one. When a fatal accident happens on Long Island, whether it's a crash on the Long Island Expressway or Sunrise Highway, a construction accident in Suffolk County or at a Nassau County hospital or nursing home, the loss affects every part of a family's life.
When a death is caused by a third party’s negligence or wrongful conduct, the law allows certain surviving family members to seek compensation through a wrongful death action. This compensation addresses the income the family has lost, the expenses the death created and the support the loved one would have provided in the years ahead.
Gabriel Law represents grieving families throughout Nassau and Suffolk Counties with the care these cases require. If you have lost a family member because of someone else's negligence anywhere on Long Island, contact Gabriel Law for a free, confidential consultation.
On This Page
Your Guide to Long Island Wrongful Death Claims
- What Is a Wrongful Death Claim Under New York Law?
- Why Choose Gabriel Law After a Wrongful Death on Long Island?
- Who Can File a Wrongful Death Lawsuit on Long Island, New York?
- What Compensation Is Available After a Wrongful Death?
- What Is a Survival Action?
- Common Causes of Wrongful Death on Long Island
- How Is Fault Determined in a Wrongful Death Case?
- How Long Do You Have to File a Wrongful Death Lawsuit in New York?
- Do You Have a Wrongful Death Lawyer Near Me on Long Island?
What Is a Wrongful Death Claim Under New York Law?
A wrongful death claim arises when someone dies because of another person's wrongful act or negligence. This may involve a drunk driver on the Southern State Parkway, a negligent property owner, a careless medical provider or any party whose conduct caused a preventable death.
A wrongful death claim differs from a criminal case. A criminal prosecution is brought by the government to punish the wrongdoer, while it may result in imprisonment, it does not compensate the family. A wrongful death claim is a civil action brought on behalf of the family and its purpose is to recover compensation for the surviving beneficiaries who have suffered financial losses because of the death.
The two cases proceed independently. A family may pursue a wrongful death claim even if criminal charges are not filed or when a criminal case ends in acquittal.
Why Choose Gabriel Law After a Wrongful Death on Long Island?
A wrongful death case requires a family to place significant trust in the law firm representing them. Families across Long Island choose Gabriel Law for several reasons.
- Hundreds of 5-star reviews from clients the firm has represented
- More than 50 years of combined experience in personal injury
- Millions of dollars recovered for clients and their families
- Service in both English and Spanish, so every family can communicate comfortably during a difficult time
- Multiple offices throughout New York, including on Long Island, with a team familiar with Nassau and Suffolk County courts
From the initial conversation, the firm manages the legal process so your family can focus on healing and supporting each other.
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Who Can File a Wrongful Death Lawsuit on Long Island, New York?
New York law is very explicit as to who may be eligible to file a wrongful death lawsuit. The family members are the ones who ultimately benefit, but it is the personal representative of the deceased person’s estate who can bring the action, not the family members.
In many cases, the personal representative is a spouse or immediate family member who has been appointed to administer the estate through the Surrogate's Court in Nassau or Suffolk County.
Family members who may inherit under New York law typically include the surviving spouse, the decedent's children, and, when the decedent leaves no spouse or children, the decedent's parents.
Depending on family circumstances and New York’s intestacy regulations, other heirs may be entitled to some of this compensation. A Long Island wrongful death attorney from Gabriel Law can clarify how these guidelines apply to your family.
What Compensation Is Available After a Wrongful Death?
New York wrongful death damages are based on the financial losses that the death has caused the survivors. While no amount of compensation can replace the actual loss suffered by a family, the law does allow recovery for the quantifiable economic injury caused by the death. Some recoverable damages are:
- Lost financial support, including wages and future earnings the decedent would likely have contributed to the survivors
- Lost employment benefits, such as health insurance and retirement contributions
- Loss of parental guidance, instruction and nurturing for minor children
- Medical expenses incurred before death that were paid by, or are the responsibility of, a surviving distributee
- Funeral and burial expenses
- Punitive damages in rare cases
Courts consider the decedent's age, health, earning history and life expectancy when evaluating a wrongful death claim. Attorneys often work with economists or vocational experts to establish what the decedent would have earned and provided over a full lifetime. New York recognizes two separate claims that are often filed together after a fatal accident.
What Is a Survival Action?
New York recognizes two separate legal claims after a fatal accident and they are often filed together. A wrongful death claim belongs to the surviving family and compensates them for the losses the death has caused them. A survival action belongs to the decedent's estate and addresses what the decedent personally experienced between the injury and death. It is essentially the personal injury claim the deceased person would have had if they had lived.
If the decedent experienced conscious pain or suffering before death, whether before or after the injury, the estate may recover damages through a survival action. These damages include the physical pain and suffering the decedent experienced, emotional distress and the fear experienced before death. This compensation becomes part of the estate and is distributed under the decedent’s will or New York intestacy law.
Common Causes of Wrongful Death on Long Island
Fatal accidents on Long Island arise from many of the same dangers that cause serious injuries and when negligence is involved, the family of the person who died may have a wrongful death claim. The most common causes include:
- Car accidents on the LIE, parkways, Sunrise Highway and local roads throughout Nassau and Suffolk Counties
- Truck accidents, where the size and weight of commercial vehicles make fatalities far more likely
- Motorcycle accidents, since riders have little protection when drivers fail to see them
- Pedestrian accidents at intersections and crosswalks downtown and residential neighborhoods across the island
- Bicycle accidents on roads where cyclists share space with heavy traffic
- Construction accidents on residential and commercial projects underway throughout Long Island
- Medical malpractice at hospitals and medical practices in both counties
- Nursing home negligence, including neglect, falls and medication errors at long-term care facilities
- Dangerous property conditions, from inadequate security to building code violations
Whatever the cause, if another party's negligence contributed to your loved one's death, Gabriel Law can investigate and explain your family's legal options.
How Is Fault Determined in a Wrongful Death Case?
Most wrongful death claims rest on negligence, which means proving that the defendant owed a duty of care, failed to meet it and caused the death as a result. A thorough investigation typically draws on police reports documenting the incident, witness accounts gathered before memories fade and the decedent's medical records establishing the cause of death and any conscious suffering.
In complex cases, experts play a central role. Accident reconstruction specialists can determine how a fatal crash occurred and medical experts can connect a provider's error to the outcome. New York's comparative fault rule, codified at CPLR § 1411, can also affect these cases.
If the decedent is found partially responsible for the incident, the family's recovery may be reduced by that percentage of fault. Defendants and insurers frequently try to shift blame onto the person who died, which makes a well-documented investigation especially important.
How Long Do You Have to File a Wrongful Death Lawsuit in New York?
In most cases, a wrongful death lawsuit must be filed within two years of the date of death, which is a shorter window than the three years allowed for many other injury claims.
Some cases have even tighter deadlines. When the claim involves a municipality or government entity, such as a county-owned vehicle, a town road defect, a public hospital, a Notice of Claim generally must be served within the applicable statutory deadline. This is often 90 days after the personal representative is appointed.
On Long Island, where towns, counties and public agencies operate vehicles and facilities throughout both counties, these rules apply more often than families expect.
A family grieving a sudden loss should not have to think about collecting evidence and building a case. This is exactly why involving an attorney early allows the investigation to proceed while the family takes the time to grieve. Call Gabriel Law today to schedule your consultation.
Locations
Do You Have a Wrongful Death Lawyer Near Me on Long Island?
Yes. Gabriel Law's Rockville Centre office serves grieving families across both Long Island counties. It’s located at 2 Lincoln Ave., Suite 400, Rockville Centre, NY 11570.
Families in Nassau County, including Hempstead, Mineola, Garden City, and Long Beach, work with a firm located minutes away, in the same county where their case will likely proceed through Surrogate's Court and the Supreme Court in Mineola.
For families in Suffolk County, including Huntington, Babylon, Brookhaven, Smithtown, Islip, and Riverhead, the firm regularly handles matters in the Suffolk County courts in Riverhead and Central Islip. Wherever you and your family are located on Long Island, experienced representation is close by. Call to schedule a free consultation.
Long Island — Main Office
2 Lincoln Ave., Suite 400, Rockville Centre, NY 11570
In Rockville Centre, Nassau County — serving all of Long Island.
Manhattan
340 W 57th St #2L
New York, NY 10019
Brooklyn
2653 Coney Island Ave
Brooklyn, NY 11223
Queens
39-10 Main St #200
Queens, NY 11354
The Bronx
1136 Castle Hill Ave
Bronx, NY 10462
Can’t make it in? Phone and video consultations are available. When you’re ready to talk, we’re ready to listen.
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Contact Gabriel Law to Schedule a Free Consultation with a Long Island Wrongful Death Lawyer
Losing a family member because of someone else's negligence leaves a family with grief, unanswered questions and often serious financial uncertainty. While no legal action can restore what was lost, a wrongful death claim can hold the responsible party accountable and provide the stability your family will need in the future. New York law places strict deadlines on these claims, so it is important to act quickly.
Gabriel Law represents families throughout Nassau and Suffolk Counties with experience, compassion and respect for what your family is going through. Contact Gabriel Law to schedule a free, confidential consultation with a Long Island wrongful death lawyer. There is no fee unless we recover compensation for your family.